Numbers Flashcards
In federal court, a defendant has X days after being served with the complaint & summons, to serve a third-party summons and complaint on the non party. After the X days, third-party plaintiff would need leave of court.
14
A nonsuiting party may be assessed costs. If the party taking the nonsuit does so within X days of trial, the Court has the discretion to order the nonsuiting party to pay witness fees and travels costs incurred in anticipation of the pending trial
7
A demurrer must be filed within X days of service of process
21
The court shall determine the value of property for purposes of equitable distribution as of the date of the evidentiary hearing unless a motion was filed no later than X days before the evidentiary hearing
21
Under Virginia law an after-acquired collateral clause is ineffective as to consumer goods acquired more than X days after the creditor has given value
10
If debtor sells or transforms the collateral, creditor gets automatic perfection for X days in whatever the debtor transformed it into.
However, the collateral becomes unperfected on the Xst day unless it files a financing statements
20, 21
After a Juvenile Court issues a custody or support order, it is divested of jurisdiction when a party files a suit for divorce asking for custody and support to be decided but only after a hearing is set by the circuit court for a date certain or the matter is on the motions docket to be heard within X days of filing.
21
In circuit court: A defendant must file an objection to venue (not a motion to dismiss) within X days of X
21, service of process
If a party against whom a request for admission does not respond within X days after service of the request with a denial, the matter is taken as admitted
21
To appeal a CC judgment, a party must file a Notice of Appeal in the Circuit Court Clerk’s Office within X days of entry of the Circuit Court’s final order
30
To appeal a CC judgment, a party must have any transcript or statement of incidents of trial made part of the record by filing the transcript within X days of entry of the final order or the statement in X days from entry of the final order with notice to counsel of record of presenting it to the judge for certification
60, 55
GDC has the authority, on motion made within X days from a judgment, to, within X days of the judgment, reopen the matter.
So long as the motion is made within X years from the date of the judgment, the Court can vacate the judgment on the ground of fraud on the Court.
30, 45, 2
Defendants must file a notice of removal within X days of receiving the the initial complaint (by whatever means) OR service of summons, whichever is shorter
30
If status of a case has changed, Defendant has X days from receipt of the order showing the change in the status of the case to remove it by filing a notice of removal.
30
The CC’s are granted subject matter jurisdiction in civil cases where amount sued for is $X or more except when the subject matter is assigned to some other tribunal.
100
The family allowance may be paid as a lump sum not to exceed $X, or in periodic installments not to exceed $X per month for one year.
24,000, 2,000
The surviving spouse of a decedent who was domiciled in the Commonwealth is entitled from the estate to value not exceeding $X in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects.
20,000
A surviving spouse of a decedent who was domiciled in the Commonwealth is entitled to a homestead allowance of $X
20,000
Embezzlement of property worth more than $X makes it a felony
500
The Virginia Tort Claims Act waives the sovereign immunity of the Commonwealth for negligent or wrongful acts or omissions of its employees, acting within the scope of their employment and subjects the Commonwealth to liability for up to $X to the same extent that a private person would be liable.
100,000
Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.
“Just and reasonable charges” limited to $X
1,000
The SOL for damage to property is X years
5
Paternity actions must be filed within X year(s) of the death of the parent
1
Buyer must commence any UCC breach of warranty action within X years of accrual of the cause of action.
4
Virginia MAY try juveniles X and up as adults, but MUST do so in juvenile court
14
When a juvenile is X years of age or older and is charged with a felony, the juvenile court shall conduct a preliminary hearing and if the court finds probable cause to believe that the minor committed a crime that would be a felony if committed by an adult it will certify the charge to the grand jury.
16
If a spouse has been convicted of a felony and sentenced to prison for more than X year(s), and is in prison, then a ground for divorce based on conviction of a felony exists.
1
Cases can be removed AFTER a change in the case (such as settling with a non-diverse party), so long as the change/and removal occur within X year(s) from commencement of the action.
1
Takings: Compensation for lost profits is limited to net income for X year(s) prior to the valuation date, provided that lost profits must result from an inability to relocate the business in a reasonable way
3
Any tangible property found to be mislaid is not considered to be officially abandoned unless it remains unclaimed for X years
5
If tenant defaults:
a creditor of any one of multiple owners in land can docket its judgment in the circuit court clerk’s office where the land is situate and then bring an equitable action seeking partition of the debtor’s interest and then to subject the debtor’s part/interest in the land to the judgment lien, enforcing it by judicial sale if the rents and profits will not satisfy the judgment in X years.
5
